After eight years, ZI Publications’ director Mohd Ezra Mohd Zaid today was acquitted of a Syariah case linked to the controversial book “Allah, Liberty, and Love”.
However, the Petaling Syariah Lower Court ordered the 180 copies of the books to be forfeited by the Selangor state authorities.
Syarie judge Shukran Yusof also dismissed the prosecution’s application to prevent Ezra (above) from speaking about the case with the media or in any other form.
The Petaling Lower Syariah Court had fixed today for the decision on the prosecution’s three applications.
The first application was for Ezra to be granted a discharge not amounting to an acquittal (DNAA), the second was for the 180 copies of the book to be forfeited, and the third was for an order to prevent Ezra from speaking about the case.
On May 29, 2012, the Selangor Islamic Religious Department (Jais) raided the office of ZI Publications and seized 180 copies of the book authored by Canadian national Irshad Manji.
Ezra was also detained and was later charged at the Syariah Lower Court in 2013.
On Sept 25, 2019, the Court of Appeal allowed Ezra’s appeal to quash the Syariah charges against him.
Ezra was appealing against an earlier decision by the High Court in Kuala Lumpur, which dismissed a legal challenge by him and ZI Publications against the validity of the Syariah charge.
On Sept 29 this year, the Federal Court dismissed Jais’ appeal to reinstate the Syariah charge against Ezra.
The charge against Ezra is framed under Section 16(1)(a) of the Syariah Criminal Offences (Selangor) Enactment 1995.
Section 16(1)(a) states that any person who publishes a book containing anything that contravenes Islamic law commits an offence, which is punishable by the maximum penalties of RM3,000 fine, or two years in jail or both, upon conviction.
During today’s open-court proceedings, Shukran ruled that Ezra ought to be acquitted as the Court of Appeal had already ruled that the arrest and prosecution against the accused were unconstitutional and invalid.
He said the court is in agreement with the submission of Ezra’s counsel Zulkifli Che Yong over the matter.
“Even if the court here grants a discharge without amounting to an acquittal (of Ezra), it would merely be academic as there is no further action that can be taken by Jais.
“This case was invalid from the time of the arrest right up to the prosecution’s decision (to charge Ezra).
“The Federal Court had already denied leave (to Jais to appeal). If I continue (with the current Syariah case against Ezra), it would just be pointless,” Shukran said.
“Thus, the (Lower Syariah) Court acquits and discharges Ezra of the charge under Section 16(1)(a) of the Syariah Criminal Offences (Selangor) Enactment 1995,” the judge said.
In allowing the prosecution’s application to forfeit the 180 books, the judge pointed out that the court is empowered to do so when it determines that such books have elements that contradict Islamic principles.
Shukran said based on a testimony of a prosecution witness, it was clear that the books contained elements of pluralism and which are insulting of the prophet, among others.
“There is a high risk (that the book could) jeopardise the faith (aqidah) of Muslims, especially in Selangor,” he said.
Regarding the dismissal of the prosecution’s order for a type of gag order on Ezra, Shukran ruled that it is not a fit and proper order to be issued.
'Accused has an individual right to speak'
He said this is because the accused, like other members of society, has an individual right to speak, as long as it is within the limits of the law and does not involve defamation.
“The Federal Constitution prescribes the fundamental right of free speech, which is also prescribed by Syarak (Islamic principles).
“This is as long as no defamation is hurled against others, and as long as it is within permitted means,” he said.
Shukran added that this is seen in how the Syariah Court proceedings are generally open to members of the public as well as the media.
The prosecution was conducted by prosecutor Zamniazura Mohd Sarin.
When met after proceedings, Ezra expressed happiness that the case has come to an end since it first began in 2012.
“It has been eight years, I am very happy that this case has come to a conclusion,” he said when met by the media.
He added that the only thing left now is the damage assessment of the related legal challenge at the High Court in Kuala Lumpur.
This is the legal challenge which he won at the Court of Appeal and which was upheld by the Federal Court.
Previously, in 2013, ZI Publications succeeded in its separate legal bid to get the Home Ministry’s ban over the book lifted.
In 2015, the Court of Appeal upheld the lifting of the ban. - Mkini
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